Terms of Service

1. Eligibility and business use

The Services are offered to businesses and professionals. You must be at least 18 years old. The Services are not intended for personal, family or household use.

2. Private beta

The Services are in private beta. We may change, limit, suspend or discontinue any part of them at any time, with or without notice. Beta features may contain errors and may not perform as described. Access is by invitation, and we may refuse or withdraw it at our discretion.

3. Your account

Keep your account details accurate and your sign-in credentials secure. You are responsible for everything done through your account. Tell us promptly at legal@reportcaptain.com if you suspect unauthorized use.

4. Connected accounts and your data

The Services read data from third-party accounts that you connect (each a “Connected Account”). By connecting one, you authorize us to access, store and process its data as needed to provide the Services, and you confirm that you have the right to give that authorization.

You keep all rights in the data you connect or submit (“Your Data”). You grant us a non-exclusive, worldwide license to host, copy, process and display Your Data only to provide, maintain, secure and support the Services, and as described in our Privacy Policy.

Your use of each Connected Account remains subject to that provider’s own terms. You are responsible for complying with them, and for the accuracy and lawfulness of Your Data, including any personal information in it.

5. Reports are information, not advice

Reports are produced automatically from Your Data and from instructions you write in plain language. They may be incomplete, delayed or wrong, including because of errors in the source data, in a third-party service, or in how an instruction was interpreted. Review the plan and the output before you rely on them.

Nothing in the Services is financial, accounting, tax, legal or other professional advice. You alone are responsible for the decisions you make and the actions you take based on a report, and for verifying figures against the source system.

We do not guarantee that a report will be delivered at a particular time, or at all.

6. Acceptable use

You will not:

• use the Services in breach of any law or of anyone’s rights;
• connect an account or submit data that you are not authorized to use;
• probe, scan or test the Services for vulnerabilities, bypass security or access controls, or interfere with their operation;
• copy, modify, reverse engineer or create derivative works of the Services, except where the law does not allow this restriction;
• resell, sublicense or provide the Services to third parties without our written consent;
• use the Services to build a competing product, or use automated means to extract data from them;
• send unlawful, harmful or deceptive content through the Services.

7. Fees

Some Services may be offered for a fee. If you buy a paid plan, you agree to the price and billing terms shown at purchase. Fees are payable in advance, are non-refundable except where the law requires otherwise, and exclude taxes, which you are responsible for. We may change fees for a future billing period by giving you notice beforehand. Payments are handled by a third-party payment processor under its own terms.

8. Our intellectual property and your feedback

We and our licensors own the Services, including the software, designs and trademarks. These Terms give you a limited, revocable, non-transferable right to use the Services for your internal business purposes, and nothing more. If you send us feedback, we may use it without restriction or payment.

9. Third-party services

The Services depend on and link to services we do not control. We are not responsible for third-party services, for changes they make, or for any loss of access to them, including where a provider limits or withdraws access to a Connected Account.

10. Privacy

Our Privacy Policy explains how we handle personal information. If you need a data processing agreement, ask us at legal@reportcaptain.com.

11. Suspension and termination

You may stop using the Services at any time. We may suspend or end your access at any time and for any reason, including a breach of these Terms or a risk to the Services or to others. When access ends, your right to use the Services ends. The provisions on ownership, disclaimers, limitation of liability, indemnity, governing law and the general terms continue to apply.

12. Disclaimers

THE SERVICES AND ALL REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, REPORTCAPTAIN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT REPORTS WILL BE ACCURATE OR COMPLETE, OR THAT DATA WILL NOT BE LOST.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, REPORTCAPTAIN AND ITS OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHATEVER THE LEGAL THEORY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$100.

Some jurisdictions do not allow certain exclusions or limits, so some of the above may not apply to you. In that case our liability is limited to the greatest extent the law permits.

14. Indemnity

You will defend, indemnify and hold harmless ReportCaptain and its officers, employees, contractors and suppliers from any claim, loss, liability and expense (including reasonable legal fees) arising out of Your Data, your Connected Accounts, your use of the Services or of any report, or your breach of these Terms, of any law or of anyone’s rights.

15. Governing law and disputes

Before filing a claim, you agree to contact us at legal@reportcaptain.com and to try to resolve the dispute informally for at least 30 days.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to their jurisdiction and venue.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR JOIN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

To the extent the law allows, any claim must be filed within one year after it arose, or it is permanently barred.

16. Changes to these Terms

We may update these Terms. We will post the new version here and change the date above. Changes take effect when posted. If you keep using the Services after that, you accept the updated Terms.

17. General

These Terms, together with the Privacy Policy and any order or written agreement signed by both of us, are the whole agreement about the Services. A signed written agreement prevails over these Terms where they conflict. If a provision is unenforceable, it is enforced as far as possible and the rest stays in effect. Our not enforcing a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. We are not liable for delay or failure caused by events beyond our reasonable control. You will comply with the export control and sanctions laws that apply to your use of the Services. We may send notices to the email address on your account.

18. Contact

Questions about this document: legal@reportcaptain.com.